[Added 2-4-2013]
The following words, terms and phrases, when used in the article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person who lends or advances money or other things for
profit on the pledge and possession of personal or other valuable
things, other than securities or written or printed evidences of indebtedness
or title, or who deals in the possession of personal property or other
valuable things on condition of selling the property or other things
back to the seller at a stipulated price.
(a)
No person shall engage in the business of pawnbrokering within the
corporate limits of the Town of Abingdon without first having a valid
license issued by the Town. The Town may issue the aforementioned
license upon grant of authority from the Washington County Circuit
Court, which shall require the following of the applicant:
(b)
Prior to the issuance of the license, the applicant shall furnish
to the Town Manager:
(1)
An order of the Washington County Circuit Court issued pursuant
to the Code of Virginia, § 54.1-4001, as amended, authorizing
the Town to issue the license; and
(2)
Evidence of a bond on a form furnished by the Chief of Police
which shall require the applicant to furnish the following information:
a.
Full name, aliases, address, date of birth, driver's license
number, sex, fingerprints and photograph;
b.
Name, address and telephone number of the applicant's employer;
c.
Sworn statement of affirmation disclosing any criminal convictions
or any pending criminal charges whether within or without the commonwealth;
d.
Proposed location of the applicant's place of business;
e.
Statement of whether the applicant will purchase, sell or take
possession of firearms; and
f.
Certification from the Town's Director of Planning or his
designee that the operation of the business of a pawnbroker at the
proposed location is a permitted use of the premises.
(c)
Upon furnishing the court order, filing the application, paying an
application fee of $200, and acceptance of said requirements by the
Town, the applicant shall be issued a license by the Town Manager.
The license may be denied if the applicant has been denied a license
or has had a license revoked under any ordinance similar in substance
to this article.
(d)
The license shall be valid for 12 months from the date thereof, and
may be renewed in the same manner as the initial license was obtained,
with an annual license fee of $200. No license shall be transferable.
(e)
The license shall designate the building in which the licensee shall
carry on business. No person shall engage in the business of a pawnbroker
in any location other than the one designated in his license, except
with the consent of the Washington County Circuit Court which authorized
issuance of the license and upon written notification of the Town
Manager.
(f)
Any person who violates the provisions of this section shall be guilty
of a class 1 misdemeanor. Each day's violation shall constitute
a separate offense.
State law reference: License issuance, requirements, Code
of Virginia, § 54.1-4001
No business of a pawnbroker shall be located closer than one
mile to any other.
State law reference: Authority to establish limitation
on number of pawnshops, Code of Virginia, § 54.1-4002
(a)
No person shall be licensed as a pawnbroker or engage in the business of a pawnbroker without having in existence a bond with surety in the minimum amount of $50,000 to secure the payment of any judgment recovered under the provisions of Subsection (b), below.
(b)
Any person who recovers a judgment against a licensed pawnbroker
for the pawnbroker's misconduct may maintain an action in his
own name upon the bond of the pawnbroker if the execution issued upon
such judgment is wholly or partially unsatisfied.
State law reference: Code of Virginia, § 54.1-4003
Every pawnbroker shall at the time of each loan deliver to the person pawning or pledging anything a memorandum or note, signed by him, containing the information required by § 18-151, below. A lost-ticket fee of $5 may be charged, provided that the pawner is notified of same on the ticket.
State law reference: Code of Virginia, § 54.1-4004
No pawnbroker shall sell any pawn or pledge item until it has
been in his possession for the minimum term set forth in the memorandum,
but not less than 30 days, plus a grace period of 15 days and a statement
of ownership is obtained from the pawner. If a motor vehicle is pawned,
the owner of the motor vehicle shall comply with the requirements
of Code of Virginia, § 46.2-637. In the event of default
by the pawner, the pawnbroker shall comply with the requirements of
Code of Virginia, § 46.2-633. Otherwise, the pawnbroker
shall comply with the requirements of Code of Virginia, § 46.2-636
et seq. All sales of items pursuant to this section may be made by
the pawnbroker in the ordinary course of his business.
State law reference: Code of Virginia, § 54.1-4005
(a)
No pawnbroker shall ask, demand or receive a greater rate of interest
than 10% per month on a loan of $25 or less, or 7% per month on a
loan of more than $25 and less than $100, or 5% per month on a loan
of $100 or more, secured by a pledge of tangible personal property.
No loan shall be divided for the purpose of increasing the percentage
to be paid the pawnbroker. Loans may be renewed based on the original
loan amount. Loans may not be issued that compound the interest or
storage fees from previous loans on the same item.
(a)
Every pawnbroker shall keep at his/her place of business an accurate
and legible record of each loan or transaction in the course of his
business, including transactions in which secondhand goods, wares
or merchandise are purchased for resale. The account shall be recorded
at the time of the loan or transaction and shall include:
(1)
The description, serial number, and a statement of ownership
of the goods, article or thing pawned or pledged or received on account
of money loaned thereon, or purchased for resale;
(2)
The time, date and place of the transaction;
(3)
The amount of money loaned thereon at the time of pledging the
same or paid as the purchase price;
(4)
The rate of interest to be paid on such loan;
(5)
The fees charged by the pawnbroker, itemizing each fee charged;
(6)
The full name, residence address, telephone number, and driver's
license number or other form of identification of the person pawning
or pledging or selling the goods, article or thing, together with
a particular description, including the height, weight, date of birth,
race, gender, hair and eye color, and any other identifying marks,
of such person;
(7)
Verification of the identification by the exhibition of a government-issued
identification card such as a driver's license or military identification
card. The record shall contain the type of identification exhibited,
the issuing agency, and the number thereon;
(8)
As to loans, the terms and conditions of the loan, including
the period for which any such loan may be made; and
(9)
All other facts and circumstances respecting such loan or purchase.
(b)
A pawnbroker may maintain at his place of business an electronic
record of each transaction involving goods, articles or things pawned
or pledged or purchased. If maintained electronically, a pawnbroker
shall retain the electronic records for at least one year after the
date of the transaction and make such electronic records available
to any duly authorized law enforcement officer upon request.
(c)
For each loan or transaction, a pawnbroker may charge a service fee
for making the daily electronic reports to the appropriate law enforcement
officers required by Code of Virginia, § 54.1-4010, creating
and maintaining the electronic records required under this section,
and investigating the legal title to property being pawned or pledged
or purchased. Such fee shall not exceed 5% of the amount loaned on
such item or paid by the pawnbroker for such item or $3, whichever
is less. Any person, firm, or corporation violating any of the provisions
of this section shall be guilty of a Class 4 misdemeanor.
(d)
The Superintendent of State Police shall promulgate regulations specifying:
(1)
The nature of the particular description for the purposes of
Subsection (a)(6) of this section; and
(2)
The nature of identifying credentials of the person pawning,
pledging, or selling the goods. Such identifying credentials shall
be examined by the pawnbroker and an appropriate record thereof retained.
State law reference: Code of Virginia, § 54.1-4009
(a)
Every pawnbroker shall prepare a daily report of all goods, articles
or things pawned or pledged with him or sold to him that day and shall
file such report by noon of the following day with the Town Chief
of Police. The report shall include the pledgor's or seller's
name, residence, and driver's license number or other form of
identification, and a description of the goods, articles or other
things pledged or sold and, unless maintained in electronic format,
shall be in writing and clearly legible to any person inspecting it.
A pawnbroker may compile and maintain the daily report in an electronic
format and, if so maintained, shall file the required daily reports
electronically with the Town Chief of Police through use of a disk,
electronic transmission, or any other electronic means of reporting
approved by the Town Chief of Police.
(b)
Any person, firm or corporation violating any of the provisions of
this section shall be guilty of a Class 4 misdemeanor.
State law reference: Code of Virginia, § 54.1-4010
(a)
Every pawnbroker and every employee of the pawnbroker shall admit
to the pawnbroker's place of business during regular business
hours, any duly authorized Town law enforcement officer, or any law
enforcement official of the county, state or federal government. The
pawnbroker or employee shall permit the officer to:
(1)
Examine all records required by this article or Code of Virginia,
Title 54.1, Ch. 40 (Code of Virginia, § 54.1-4000 et seq.),
as amended, and any article listed in a record which is believed by
the officer to be missing or stolen; and
(2)
Search for and seize any article known to him to be missing,
or known or believed by him to have been stolen.
(b)
However, the officer shall not take possession of any article without
providing to the pawnbroker a receipt.
State law reference: Code of Virginia, § 54.1-4011
No property received on deposit or pledged or purchased by any
pawnbroker shall be disfigured or its identity destroyed or affected
in any manner:
(a)
Pawnbrokers shall store, care for and protect all of the tangible
personal property in the pawnbroker's possession and protect
the property from damage or misuse. Nothing in this chapter shall
be construed to mean that pawnbrokers are insurers of pawned property
in their possession.
(b)
A pawnbroker may charge a monthly storage fee for any items requiring
storage, which fee shall not exceed 5% of the amount loaned on such
item.
State law reference: Code of Virginia, § 54.1-4013
(a)
Criminal penalty. Any licensed pawnbroker who violates any of the provisions of this article, except as otherwise provided in § 18-145, shall be guilty of a Class 4 misdemeanor.
(b)
Suspension or revocation of license. In addition to the penalty provided in Subsection (a) of this section, the court may revoke or suspend the pawnbroker's license for second and subsequent offenses.
(c)
Violation of Virginia Consumer Protection Act. Any violation of the
provisions of this article shall constitute a prohibited practice
in accordance with the Code of Virginia, § 59.1-200, and
shall be subject to any and all of the enforcement provisions of the
Virginia Consumer Protection Act (Code of Virginia, § 59.1-196
et seq.).
